Immigration Issues/I485 and I824?

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Expert: Robert Hollander<B> Esq.</B> - 9/15/2006

QuestionToday I actually recieved aproval on the I130 but not anything on the I129 what is an I824 and do I need one? Can I file the I485 with only approval of the one does one override the other? How long does it normally take for him to get over here from this point?
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Followup To

Question -
I am a US citizen my husband and I were married here last year he returned to Mexico due to a family crisis in February. I filed and have received receipt of the I130 and I129f. I heard about the I485 but am a little confused is it right in my situation will it speed up the process?

Answer -
Hi,

I am guessing that you have applied for K-3 visa. Once the I-129F is approved, your husband will enter the U.S. on K-3 visa.

When the I-130 is approved by the USCIS, the I-485 can be filed for your husband.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

AnswerYou sent me this follow up to a question answered by Ajay. In any event, for the processing of the K-3 you have to wait until the I-129 F is approved and then contact the Embassy for interview processing. In the meantime you will receive a correspondence from the National Visa Center asking you to pay $450 in visa processing fees. You have to decide if he wants to wait for the Immigrant visa processing (about 6 months) or process under K-3 (about 4 months). If he wants to Consular process the immigrant visa, pay the $450 and they will send you further instructions. If you want him to process the K-3 do not pay the $450 and wait fior the I-129F approval.

The K-3 willbe slighter faster to get him here but then he will have to apply for his green card here. The approved I-130 will take longer to process but he will enter with a Immigrant visa.